[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR85.414]

[Page 263-264]
 
                           TITLE 34--EDUCATION
 
PART 85--GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) AND 
GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (GRANTS)--Table of 
Contents
 
                          Subpart D--Suspension
 
Sec. 85.414  Procedures for title IV, HEA suspensions under E.O. 12549.

    (a) Title IV E.O. 12549 suspensions. (1) If the Secretary initiates 
a suspension against an educational institution, lender or third-party 
servicer under

[[Page 264]]

E.O. 12549, the Secretary uses the following procedures in connection 
with the suspension to ensure that the suspension precludes 
participation under title IV of the Higher Education Act of 1965, as 
amended:
    (i) The procedures in Sec. 85.411, Notice of suspension.
    (ii) Instead of the procedures in Secs. 85.412, 85.413 and 85.415, 
the procedures in 34 CFR part 668, subpart G, or 34 CFR part 682, 
subpart G, as applicable.
    (2) In a proceeding under this section, in addition to the findings 
and conclusions required by 34 CFR part 668, subpart G, or 34 CFR part 
682, subpart G, the suspending official, and, on appeal, the Secretary, 
determine whether there exist sufficient grounds for suspension as set 
forth in Sec. 85.405.
    (b) Continued assistance under title IV, HEA. The institution, 
lender, or third-party servicer may continue its participation in the 
title IV programs until the procedures described in paragraph (a) of 
this section, except for those relating to appeals to the Secretary, 
have been completed, unless the Secretary takes an emergency action 
under 34 CFR part 668, subpart G, or 34 CFR part 682, subpart G.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 
3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327)

[60 FR 33057, June 26, 1995]